EU covid/sanctions guidance: presence of designated entity needn’t quash deal
‘Sanctions may alter a country’s ability to fight COVID-19 by affecting the procurement of certain goods and technologies, either because such goods are subject to restrictions (for instance, dual-use goods which can also be used for military purposes), or because the persons involved in their procurement are sanctioned.’
So says the European Commission in a document, published in August, which seeks to ‘give practical guidance, in the form of questions and answers, on compliance with EU sanctions when providing humanitarian aid, in particular medical assistance, to fight the COVID-19 pandemic.’
The ‘Guidance Notice’ is structured by programme and addresses issues relating to the prohibition on making funds available, import and export restrictions and general related topics.
It states, for example that, ‘As a general rule, EU Counter-Terrorism Sanctions Regulations do not allow the making available of funds and economic resources to designated persons or entities, although a number of derogations exist. However, in accordance with International Humanitarian Law, where no other options are available, the provision of humanitarian aid should not be prevented by EU sanctions.’
The Commission also explains that ‘Humanitarian Operators may liaise with designated persons or entities if this is needed in order to organise the provision of humanitarian aid in a safe and efficient manner. Therefore, if a designated person intervenes in a humanitarian transaction, this does not automatically mean that the transaction must be abandoned. Insofar as no funds or economic resources are made available to a designated person, the EU Counter-Terrorism Sanctions Regulations do not prohibit liaising with the former.’
